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(영문) 인천지방법원 부천지원 2018.11.08 2018가단3511
환급금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in Gap evidence No. 15 together with the purport of the entire pleadings:

Defendant B Apartment Housing Reconstruction Project Association (hereinafter referred to as the “Defendant Association”) is an association that obtained authorization for the establishment on July 13, 2007 for the purpose of the Housing Reconstruction Project (hereinafter referred to as the “instant Project”) related to the housing reconstruction project (hereinafter referred to as the “instant project”) relating to the housing 101,978.40m2 in Bupyeong-gu, Nowon-gu, Seoul Special Metropolitan City D. The Plaintiff is a member of the Defendant Association.

B. The Defendant C Co., Ltd. (hereinafter “Defendant C”) was selected as the executor of the housing reconstruction improvement project promoted by the Defendant Mutual Association through a resolution of the general meeting held on October 28, 2007.

C. The Defendant Cooperative shall hold a general meeting on August 10, 2014 and bear 89 billion won, which is added to the existing shares of the cooperative members set at the time of the sales contract concluded on August 10, 2011; however, Defendant C, the contractor, shall be responsible for the sale of the general apartment and commercial buildings and receive all the proceeds of the sale; and even if the total amount of the general sale of apartment and commercial buildings and the expenses of the partnership are changed, the additional shares of the cooperative members shall not be increased by the time of liquidation.

‘The agenda was approved by the consent of more than a majority of the union members.

2. The parties' assertion and judgment

A. On August 10, 2014, the Plaintiff’s assertion 1: (a) the Defendant Union decided to completely liquidate an additional charge of KRW 89 billion; (b) the City Corporation bears the burden on all the project costs and revenue loss; and (c) the resolution was passed to the effect that it does not affect the members’ contributions; and (d) modified the management and disposal plan by reflecting the resolution; and (e) the said resolution was made at the Assembly on July 15, 2017.

2 Through such a resolution, Defendant C acquired the additional charges of KRW 89 billion and the existing charges against its members. Thus, Defendant C is the defendant.

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